Accident dispute.....<sigh>

[ooger]

This is the first time I've been through this process, and its not proving easy.

About 2 months ago I had a minor coming together with a car (though still a collision), on the motorway in poor visibility. The details are here:

http://forums.sv650.org/showthread.php?t=124368

I reported it to my insurers, bought some new bar ends, and I thought that was the end of it.

Yesterday a letter arrives stating that that the car driver's insurer await my admission of liability(!) and also that "pre-action protocol does not apply as (I) am not pursuing a claim for personal injury".

My initial statement detailed that I was clearly visible and the car did not indicate (something now being disputed).

The most compelling part of the letter is:

"Due to the fact that the area of impact to our insured's vehicle was the rear passenger door our insured had therefore almost completed his manouver therefore liability is firmly in dispute"

My definition is "he started his manouver without checking, didn't see me, probably heard me, and kept moving over anyway. I on the other hand was becoming quickly sandwiched into another car"

Whats the best thing to do next?

[husky03]

get a lawyer/advice from a qualified person

[ooger]

get a lawyer/advice from a qualified person


Agreed, just looking for any helpful insights, or recommendations rather than free legal advice here.....

[davepreston]

get briefed up my friend a good one will deal with everything and you just wait till they've sorted it (get one sooner rather than laterand dont answer to anyone except them)

[davepreston]

eg the otherside will send youy letters and stuff, bang in envelope and send to your brief. if they phone you reply respectfully you have my solisitors number i have nothing to add bye bye , after that just be completely honest with your side and never ever consider of one second it was in anyway your fault the gremilins will sneek in and make you dout yourself "dont"

[Stingo]

Apparently, these are very good...

http://www.whitedalton.co.uk/

[Ceri JC]

+1 on seeking legal advice.

Not used White Dalton myself, but have only ever heard good things from those who have.

[Nostrils]

Apparently, these are very good...

http://www.whitedalton.co.uk/

I second this is others havent. The staff are bikers themselves and know their stuff. Worth a call (sorry I havent read all the thread as the nieces are screaming for the laptop)

[muffles]

The most compelling part of the letter is:

"Due to the fact that the area of impact to our insured's vehicle was the rear passenger door our insured had therefore almost completed his manouver therefore liability is firmly in dispute"

My definition is "he started his manouver without checking, didn't see me, probably heard me, and kept moving over anyway. I on the other hand was becoming quickly sandwiched into another car"

Whats the best thing to do next?

Get legal advice, the initial chat on the phone should normally be free. White Dalton are supposed to be good, as mentioned.

Specifically, I think the telling points about the above part of the letter that you highlighted are:

1. Indicating does not give you a right to anything - you still had right of way. In a way it's good that their letter indicates they accept he was the one changing lanes (and you can bring this up later when they realise the folly of their ways!).
2. It sounds as though they are basically trying to argue that he was moving into a clear space, and you accelerated up into him. I think that you could argue the likelihood of this, compared to the alternative (that he pulled in, into you) is very low. You might have been "annoyed" at him "pushing in" (something I could see him/his insurers arguing) but it's unlikely you would go to that length to express your anger, even if you had misjudged it (and were trying to "scare" him or whatever by coming up close behind) that's a HUGE misjudgement and again much less likely than the alternative.

I'm sure White Dalton or similar will pick up on these points but worth mentioning if not (and assuming they are correct & I read your other thread correctly).

[TEC]

I reported it to my insurers ....
As you did the right thing at the time ....

Yesterday a letter arrives
Pass that on to your insurers as well. Assume you also swapped details with cage so you should have passed those details as well above, as cages insurance appear to be trying to claim off you, you should let the insurance deal with it to begin with but keep good copies of all the stuff you send them and be prepared to sort out your own solicitor is insurance do nothing

[fatneck]

Yep, I agree with all the above - get legal representation asap, and deal with them and them alone. Muffles makes some good points too.

[DMC]

You shouldnt need to seek advice from a solicitor, your Insurers should be handling this on your behalf.

Who was the letter from, was it from the other guys Insurers/solicitors, or was it from your Insurers advising what the other guys representatives were saying?

If it was correspondence from the others guys representatives you will need to pass this to your Insurers asap.

Either way, you need to pick up the phone to your Insurers and tell them in no uncertain terms that they should not admit liability. From what you have said in the other post, the other guy was changing lanes, you werent. It was his responsability to ensure it was safe to do so. Whether or not he had almost completed his manouvre when the collision occurred is not important. Paragraph 112 of the Highway Code refers to Lane Discipline.

[fatneck]

Depends whether he has legal cover on his insurance, no? If he has, then they will deal with it, if not then I don't know...get some???

[DMC]

Depends whether he has legal cover on his insurance, no? If he has, then they will deal with it, if not then I don't know...get some???

But his insurance will provide third party cover as a statutory requirement. The letter to which he refers relates to a liability issue over TP damage, therefore covered by his insurance policy ;)

Im assuming the letter refers to the damage caused to the other parties vehicle?

[chompy]

Agreed, just looking for any helpful insights, or recommendations rather than free legal advice here.....

try a guy called andrew cambell he does bike claimes no win no fee and is pretty good.

give him a ring

[fatneck]

You sound more clued up than me - I'm going through all this at the moment as well, and I'm happy to just let the legal people do it for me. Don't admit to anything that wasnt your fault!

[speedplay]

Apparently, these are very good...

http://www.whitedalton.co.uk/

+1 they are sorting my claim at the moment involving a hit and run by a police car.

[Kalessin]

You shouldnt need to seek advice from a solicitor, your Insurers should be handling this on your behalf.


+1

You absolutely must let your insurer know. They will want to fight this if you are disputing liability, as otherwise they will have to pay out.

Depends whether he has legal cover on his insurance, no?

No. When you see "Legal cover" mentioned in a policy as an added extra, it refers to legal assistance should you wish to pursue the third party for additional claims such as personal injury.

Do not take legal advice without speaking to your insurer.

[ooger]

Who was the letter from, was it from the other guys Insurers/solicitors, or was it from your Insurers advising what the other guys representatives were saying?

Letter came from car drivers solicitors.

Get legal advice, the initial chat on the phone should normally be free. White Dalton are supposed to be good, as mentioned.

Specifically, I think the telling points about the above part of the letter that you highlighted are:

1. Indicating does not give you a right to anything - you still had right of way. In a way it's good that their letter indicates they accept he was the one changing lanes (and you can bring this up later when they realise the folly of their ways!).
2. It sounds as though they are basically trying to argue that he was moving into a clear space, and you accelerated up into him. I think that you could argue the likelihood of this, compared to the alternative (that he pulled in, into you) is very low. You might have been "annoyed" at him "pushing in" (something I could see him/his insurers arguing) but it's unlikely you would go to that length to express your anger, even if you had misjudged it (and were trying to "scare" him or whatever by coming up close behind) that's a HUGE misjudgement and again much less likely than the alternative.

I'm sure White Dalton or similar will pick up on these points but worth mentioning if not (and assuming they are correct & I read your other thread correctly).

Yes, and no, I'm no Kamikaze missionist.


But his insurance will provide third party cover as a statutory requirement. The letter to which he refers relates to a liability issue over TP damage, therefore covered by his insurance policy ;)

Im assuming the letter refers to the damage caused to the other parties vehicle?

Yep, damage (deep scratch from brake lever) to car on nearside rear door and extending to rear wing

+1

You absolutely must let your insurer know. They will want to fight this if you are disputing liability, as otherwise they will have to pay out.


The car driver's solicitor has sent a copy of the letter to my insurer.

Thanks very much to everyone so far, this is wonderful, isn't it?

Its a wonder people dare drive/ride, given the hassle thats involved when it goes wrong.....

[DMC]

Letter came from car drivers solicitors.

Send it to your Insurers who will deal with this on your behalf :thumright: